How Can I Divorce a Spouse Who Is In Another Country?
Full Question:
Answer:
In some cases, where a divorce has been filed, but the defendant cannot be located, the court may allow service by publication and if an answer to the complaint isn’t filed, a default divorce may be obtained. Rules for service of process overseas vary depending on whether the person sought to be served is in the military and the country is a member of the Hague Convention or not.
Overseas divorce is a complicated matter and advice from a lawyer who specializes in international divorce matters should be sought. Advice will be needed in areas such as:
-jurisdiction, including the impact of admissions of residence and domicile on any tax planning or nationality
-applicable law
-the grounds for divorce and any prior period of separation
-likely financial orders
-disclosure requirements
-enforcement, in that jurisdiction and abroad
-procedure followed
-likely arrangements for children
-availability of legal aid
-publicity and confidentiality
-the projected time line for the proceedings
-projected legal costs
For further discussion, please see:
http://www.legallanguage.com/legal-articles/service-of-process-upon-military-personnel-overseas/
http://divorcesupport.about.com/od/foreignspouse/f/foreigndivorce.htm
http://www.divorceincanada.ca/general.htm